RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS
AND INDEMNITY AGREEMENT(hereinafter the “Release Agreement”).
BY SIGNING THIS DOCUMENT, YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS,
INCLUDING THE RIGHT TO SUE OR TO CLAIM COMPENSATION FOLLOWING AN ACCIDENT. PLEASE READ CAREFULLY!
This release agreement shall apply to all future participation in wilderness activities. TO: BRENT NIXON O/A VMG VANCOUVER MOUNTAIN GUIDES COMPANY, HER MAJESTY THE QUEEN TO HIS MAJESTY THE KING IN RIGHT OF CANADA, ERIC HUGHES, and their directors, officers, employees, guides, volunteers, instructors, partners, sponsors, agents, independent contractors, subcontractors, representatives, successors and assigns (all of whom are hereinafter collectively referred to as "the Releasees") WILDERNESS ACTIVITIES
In this Release Agreement, the term "wilderness activities" shall include but is not limited to: snow sports, alpine skiing, nordic skiing, telemark skiing, snowboarding, snowshoeing, mountain biking, hiking, trail running, touring, ski and snowboard touring, swimming, boating, fishing, water sports, mountaineering, rock climbing, bouldering, aid climbing, via ferrata, canyoneering, ice climbing, alpine climbing, scrambling, glacier travel, and all activities, services, equipment and use of facilities either provided by or arranged by the Releasees including orientation and instructional sessions or classes, transportation, accommodation, food and beverage, water supply, rescue and first aid services, and all travel by or movement around helicopters, other aircraft, snowcats, snowmobiles, vehicles, ATV's, motorcycles, mountain bikes, and camping or overnight stays in the outdoors, including planned and unplanned bivis on mountain ledges and portaledges, and all other activities and services in any way connected with or related to wilderness activities. In this Release Agreement, the term “Negligence” includes failure by the Releasees to use such care as a reasonably prudent and careful mountain guide/instructor would use under similar circumstances, or breach of any other duty of care imposed by law, including failure by the Releasees to take reasonable steps to safeguard from, protect from, or warn of the risks, dangers and hazards of wilderness activities.
ASSUMPTION OF RISKS – AVALANCHES, MOUNTAIN TERRAIN, WILDERNESS TRAVEL, WEATHER
I am aware that participation in wilderness activities involves many risks, dangers and hazards. Avalanches, rock falls, snow falls, ice falls, and mudslides occur frequently in the terrain used for wilderness activities and may be caused by natural forces or by persons travelling through the terrain. I am aware that the Releasees may fail to predict whether the terrain or weather conditions are safe or whether an unstable slope exists or an avalanche may occur. The terrain used for wilderness activities is uncontrolled, unmarked, not inspected, and involves many risks, dangers and hazards in addition to that of avalanches and unstable slopes. These may include, but are not limited to: snow cornices; crevasses; cliffs; falling trees and branches, tree wells; tree stumps; roots and forest dead fall; creeks; rocks; rockfall; ice fall; boulders; holes and depressions on or below the snow surface; variable and difficult snow conditions; creek or river crossings; cold water; moving water; high winds; lightning; cold temperatures including frostbite and hypothermia; effects of high altitude including pulmonary edema and cerebral edema; equipment failure or malfunction; encounters with dangerous or poisonous flora and fauna including domestic and wild animals; infectious disease contracted through bacteria, viruses, fungi, and parasites which may be transmitted through direct or indirect transmission; slips, falls, and impact or collision with other persons, animals, or objects; becoming lost or separated from one’s party or guide; negligent first aid; negligence of other persons, including other participants; travel on winter highways, wet and slippery highways, and backcountry gravel roads; snowcat roads and road banks, fences, and other man-made structures; and NEGLIGENCE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE BY THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF WILDERNESS ACTIVITIES. Communication in mountain and forested terrain may be difficult, and in the event of an accident or illness, rescue, medical treatment and evacuation may not be available or may be delayed. Mountain weather conditions may be extreme and can change rapidly and without warning. Disease may arise from the increased difficulty in maintaining personal hygiene. I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH WILDERNESS ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
NOTICE TO SNOWBOARDERS AND TELEMARK SKIERS - INCREASED RISK
Unlike alpine ski boot/binding systems, snowboard, and some telemark boot/binding systems are not designed or intended to release and will not release under normal circumstances, thus increasing the risk of not surviving an avalanche. NON-SCHEDULED OR EMERGENCY EVACUATION, RESCUE OR FIRST AID
I acknowledge and agree that all expenses associated with non-scheduled or emergency evacuation, rescue or first aid will be my responsibility and will not be covered by the Releasees. RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS
AND INDEMNITY AGREEMENT(hereinafter the “Release Agreement”).
BY SIGNING THIS DOCUMENT, YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS,
INCLUDING THE RIGHT TO SUE OR TO CLAIM COMPENSATION FOLLOWING AN ACCIDENT. PLEASE READ CAREFULLY!
This release agreement shall apply to all future participation in wilderness activities. RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Releasees allowing me to participate in wilderness activities as defined in this Release Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows: 1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the Releasees and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer as a result of my participation in wilderness activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER ANY APPLICABLE OCCUPIER’S LIABILITY LEGISLATION ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF WILDERNESS ACTIVITIES; 2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in wilderness activities; 3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity; 4. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the province where the wilderness activities take place and no other jurisdiction; and 5. Any litigation involving the parties to this Release Agreement shall be brought solely within the province where the wilderness activities take place and shall be within the exclusive jurisdiction of the Courts of that province. In entering into this Release Agreement, I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of wilderness activities, other than what is set forth in this Release Agreement. I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES. Today's date: November 20, 2024
COVID-19 Waiver The Releasees shall not be liable to make any payment in respect of any claim(s) or circumstance(s) or loss(es) or other matter(s) from you registering in or participating in wilderness activities and arising out of, related to, connected to, or in any way involving, directly or indirectly: a. Coronavirus disease (COVID-19); b. Severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2); c. any mutation or variation of COVID-19 or SARS-CoV-2; d. any fear or threat (whether actual or perceived) of a), b) or c) above; e. any action taken to control, prevent, suppress, mitigate or in any way relating to any actual or suspected outbreak of any of a), b) or c). It is further agreed that the Releasees shall not be liable to make any payment in respect of claim(s) or circumstance(s) or loss(es) or other matter(s) from registering in or participating in wilderness activities that arises as a result of, or is connected in any way, directly or indirectly, with any consequential loss or financial impairment suffered by yourself or any third party as a result of any of a), b), c), d) or e) above. The Releasees maintain that this release of liability waiver applies and the burden of proving that it does not and all costs associated are paid by you. Today's date: November 20, 2024
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